A Pennsylvania seller of a pre-1978 home fails to provide the lead paint disclosure. The buyer closes on the property. Two years later, the buyer's child is diagnosed with lead poisoning. Under 42 U.S.C. §4852d, what damages can the buyer seek from the seller?
Correct Answer
C) Treble (triple) the actual damages suffered, including medical costs and remediation expenses
Under 42 U.S.C. §4852d, a buyer may seek treble (triple) damages for a seller's knowing failure to disclose lead paint information. This can include medical costs, property remediation expenses, and other actual damages, multiplied by three.
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Related Topics & Key Terms
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Related Concepts
A property condition disclosure is a written statement by the seller detailing the known condition of the property, including defects, repairs, and issues with major systems. Most states require sellers to complete this form.
Protected classes are groups of people who are legally shielded from discrimination based on specific characteristics.
Radon disclosure involves informing buyers about the presence or potential presence of radon gas in a property. Radon is a naturally occurring radioactive gas that can accumulate in buildings and is the second leading cause of lung cancer.
More Pa Seller Disclosure Questions
A Pennsylvania homeowner transfers his property to his ex-wife as part of a court-approved property settlement two years after their divorce was finalized. Under 68 Pa.C.S. §7304, is this transfer exempt from the disclosure requirement?
Under 68 Pa.C.S. §7304, which of the following transfers is exempt from Pennsylvania's seller disclosure requirement?
A Pennsylvania seller sells a mixed-use property that has a ground-floor commercial space and a second-floor residential apartment. The buyer intends to use both portions. Under the PA Seller Disclosure Law, what is the seller's disclosure obligation?
A Pennsylvania seller is selling their primary residence in a standard transaction. The seller tells the listing agent that they heard from a neighbor that the property might be in a flood zone, but the seller has never experienced flooding and has no documentation. Under 68 Pa.C.S. §7303, how should the seller complete the flood-related question on the disclosure?
A Pennsylvania seller's property was previously used for dry cleaning operations before being converted to residential use. The seller is aware that perchloroethylene (PERC), a common dry cleaning solvent, was used on site. The PA DEP classified the site as a brownfield but issued a final cleanup letter under Act 2 (Land Recycling Program). Must the seller disclose this history?
- → A Pennsylvania seller knows that an underground storage tank (UST) was removed from the property five years ago, and the PA DEP issued a closure letter confirming no contamination. Must the seller disclose the UST history on the Property Disclosure Statement?
- → A buyer in Pennsylvania is purchasing a home built in 1975 that has vermiculite insulation in the attic. The seller knows about the vermiculite but has never had it tested for asbestos. What should the seller disclose?
- → A seller in Pennsylvania has a property where an underground heating oil tank was decommissioned in place (filled with sand or foam) rather than physically removed. The seller has documentation from the company that performed the decommissioning. What should the seller disclose?
- → A seller in Pennsylvania provides the lead paint disclosure form but forgets to include the EPA pamphlet when selling their 1970 home. Has the seller satisfied the federal lead paint disclosure requirements?
- → In Pennsylvania, what is the primary health concern associated with lead-based paint in residential properties?
- → Under federal law, what pamphlet must be provided to buyers of pre-1978 homes in Pennsylvania?
- → In Pennsylvania, the lead paint disclosure form for a pre-1978 home sale must be signed by which parties?
- → Why was 1978 chosen as the cutoff year for lead-based paint disclosure requirements in residential real estate transactions?
- → Under Pennsylvania law, a child under age 6 is found to have an elevated blood lead level. Under PA's Lead Poisoning Prevention Act, the local health authority can order an inspection of the child's residence. If the inspection identifies lead hazards, what is the property owner's obligation?
- → A Pennsylvania seller of a pre-1978 home tells their listing agent that they recently had the interior repainted and no longer think lead paint is an issue. The agent knows the home was built in 1955. How should the agent respond?
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